Disclaimer: This document is not to be taken as legal advise.

Bookmark this Page

Cited By:

---

---

• Republic v. Moses Kibet Kangogo (2020) eKLR
  
• Republic v Nicholas Ndiema Chesori [2020] eKLR
  

More Sections

---

• Section 208 - Provocation defined
  

  (1) The term “provocation” means and includes, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person or in the presence of an...

• Section 209 - Suicide pacts
  

  (1) It shall be manslaughter, and shall not be murder, for a person acting in pursuance of a suicide pact between him and another to kill the other or be a party to the other killing himself or being...

• Section 210 - Infanticide
  

  Where a woman by any wilful act or omission causes the death of her child being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by...

• Section 211 - Sentence of death not to be passed on pregnant woman
  

  Where a woman convicted of an offence punishable with death is found in accordance with the provisions of section 212 to be pregnant, the sentence to be passed on her shall be a sentence of...

• Section 212 - Procedure where woman convicted of capital offence alleges she is pregnant
  

  (1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom she is so convicted thinks fit so to order, the question whether or not the...

• Section 213 - Causing death defined
  

  A person is deemed to have caused the death of another person although his act is not the immediate or the sole cause of death in any of the following cases— (a) if he inflicts bodily injury on...

• Section 214 - When child deemed to be a person
  

  A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent...

• Section 215 - Limitation as to time of death
  

  (1) A person is not deemed to have killed another if the death of that person does not take place within a year and a day of the cause of death. (2) Such period is reckoned inclusive of the day on...

• Section 216 - Responsibility of person who has charge of another
  

  It is the duty of every person having charge of another who is unable by reason of age, sickness, unsoundness of mind, detention or any other cause to withdraw himself from such charge, and who is...

• Section 217 - Duty of masters
  

  It is the duty of every person who as master or mistress has contracted to provide necessary food, clothing or lodging for any servant or apprentice under the age of sixteen years to provide the same;...

• Section 218 - Duty of persons doing dangerous acts
  

  It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person, or to do any other lawful act which is or may be...

• Section 219 - Duty of persons in charge of dangerous things
  

  It is the duty of every person who has in his charge or under his control anything, whether living or inanimate, and whether moving or stationary, of such a nature that, in the absence of care or...

• Section 220 - Attempt to murder
  

  Any person who— (a) attempts unlawfully to cause the death of another; or (b) with intent unlawfully to cause the death of another does any act, or omits to do any act which it is his duty to do,...

• Section 221 - Attempt to murder by convict
  

  Any person who, being under a sentence of imprisonment for three years or more, attempts to commit murder is liable to imprisonment for life.

• Section 222 - Accessory after the fact to murder
  

  Any person who becomes an accessory after the fact to murder is guilty of a felony and is liable to imprisonment for life.

• Section 223 - Threats to kill
  

  (1) Any person who without lawful excuse utters, or directly or indirectly causes any person to receive, a threat, whether in writing or not, to kill any person is guilty of a felony and is liable to...

• Section 224 - Conspiracy to murder
  

  Any person who conspires with any other person to kill any person, whether that person is in Kenya or elsewhere, is guilty of a felony and is liable to imprisonment for fourteen years.

• Section 225 - Aiding suicide
  

  Any person who— (a) procures another to kill himself; or (b) counsels another to kill himself and thereby induces him to do so; or (c) aids another in killing himself, is guilty of a felony...

• Section 226 - Attempting suicide
  

  Any person who attempts to kill himself is guilty of a misdemeanour.

• Section 227 - Concealing birth
  

  Any person who, when a woman is delivered of a child, endeavours by any secret disposition of the dead body of the child to conceal the birth, whether the child died before, at or after its birth, is...

• Section 228 - Killing unborn child
  

  Any person who, when a woman is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then...

• Section 229 - Disabling in order to commit felony or misdemeanour
  

  Any person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or to facilitate the commission of a felony or misdemeanour, or to facilitate the flight of an...

• Section 230 - Stupefying in order to commit felony or misdemeanour
  

  Any person who, with intent to commit or to facilitate the commission of a felony or misdemeanour, or to facilitate the flight of an offender after the commission or attempted commission of a felony...

• Section 231 - Acts intended to cause grievous harm or to prevent arrest
  

  Any person who, with intent to maim, disfigure or disable any person, or to do some grievous harm to any person, or to resist or prevent the lawful arrest or detention of any person— (a) unlawfully...

• Section 232 - Preventing escape from wreck
  

  Any person who unlawfully— (a) prevents or obstructs any person who is on board of, or is escaping from, a vessel which is in distress or wrecked, in his endeavours to save his life; or...

• Section 233 - Intentionally endangering safety of persons travelling by railway
  

  Any person who, with intent to injure or to endanger the safety of any person travelling by any railway, whether a particular person or not— (a) places anything on the railway; or (b) deals with...

• Section 234 - Grievous harm
  

  Any person who unlawfully does grievous harm to another is guilty of a felony and is liable to imprisonment for life.

• Section 235 - Attempting to injure by explosive substances
  

  Any person who unlawfully, and with intent to do any harm to another, puts any explosive substance in any place whatever, is guilty of a felony and is liable to imprisonment for fourteen years.

• Section 236 - Maliciously administering poison with intent to harm
  

  Any person who unlawfully, and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, any person, and thereby endangers his life, or does him...

• Section 237 - Unlawful wounding or poisoning.
  

  Any person who— (a) unlawfully wounds another; or (b) unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to, or taken by, any...

• Section 238 - Intimidation and molestation.
  

  (1) Any person who intimidates or molests any other person is guilty of an offence and is liable to imprisonment for a term not exceeding three years. [Act No. 54 of 1960, s. 29.] (2) A person...

• Section 239 - Failure to supply necessaries
  

  Any person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be...

• Section 240 - Surgical operation
  

  A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for his benefit, or upon an unborn child for the...

• Section 241 - Excess of force
  

  Any person authorized by law or by the consent of the person injured by him to use force is criminally responsible for any excess, according to the nature and quality of the act which constitutes the...

• Section 242 - Consent
  

  Notwithstanding anything contained in section 241, consent by a person to the causing of his own death or his own maim does not affect the criminal responsibility of any person by whom the death or...

• Section 242A - Supply of harmful substances to children
  

  (1) Any person who supplies or offers to a child— (a) any petroleum distillate, glue or other substance consisting of or containing matter having stupefying or hallucinogenic properties; or...

• Section 243 - Reckless and negligent acts
  

  Any person who, in a manner so rash or negligent as to endanger human life or to be likely to cause harm to any other person— (a) drives any vehicle or rides on any public way; or (b) navigates,...

• Section 244 - Other negligent acts causing harm.
  

  Any person who unlawfully does any act, or omits to do any act which it is his duty to do, not being an act or omission specified in section 243 by which act or omission harm is caused to any person,...

• Section 245 - Dealing in poisonous substances in negligent manner
  

  Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently...

• Section 246 - Endangering safety of persons travelling by railway
  

  Any person who, by any unlawful act or omission not specified in section 233, causes the safety of any person travelling by any railway to be endangered, is guilty of a misdemeanour.

• Section 247 - Exhibition of false light, mark or buoy
  

  Any person who exhibits any false light, mark or buoy, intending or knowing it to be likely that the exhibition will mislead any navigator, is liable to imprisonment for seven years.

• Section 248 - Conveying person by water for hire in unsafe or overloaded vessel
  

  Any person who knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to be unsafe, is guilty of a...

• Section 249 - Danger or obstruction in public way or line of navigation
  

  Any person who by doing any act, or by omitting to take reasonable care with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or...

• Section 250 - Common assault
  

  Any person who unlawfully assaults another is guilty of a misdemeanour and, if the assault is not committed in circumstances for which a greater punishment is provided in this Code, is liable to...

• Section 251 - Assault causing actual bodily harm
  

  Any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanour and is liable to imprisonment for five years.

• Section 252 - Assault on persons protecting wreck
  

  Any person who assaults and strikes or wounds any magistrate, officer or other person lawfully authorized in or on account of the execution of his duty in or concerning the preservation of any vessel...

• Section 253 - Other assaults
  

  Any person who— (a) assaults any person with intent to commit a felony or to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence; or...

• Section 254 - Definition of kidnapping from Kenya
  

  Any person who conveys any person beyond the limits of Kenya without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person...

• Section 255 - Definition of kidnapping from lawful guardianship
  

  Any person who takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of a lawful guardian of...

• Section 256 - Definition of abduction
  

  Any person who by force compels, or by any deceitful means induces, any person to go from any place is said to abduct that person.